My 4 year old and current husband moved from Utah to Illinois. My sons father (whom I was never married to or lived in the same state as) lives in MD. Our decree is in Utah and advises of a relocation guideline for school age children. Although my son at 4 is not considered school age, the judge felt that this statute best fit our situation and ordered my son to spend 6 weeks in MD next summer. He has never spent more then a week with him and at Christmas will be spending 2 weeks. We are worried about the summer length. We are considering moving our case to Illinois and changing jurisdiction. we have lived here for 8 months. What is the standard visitation or if there is not a standard, what is common under illinois law for a 4 year old where the father lives in another state
The short answer is that there is no standard. However the legislator of Illinois is attempting to craft one - whether it will ever be enacted into statute, only time will tell. Outside of a 604b recommendation (custody eval), if taken properly though an Illinois court, the judge will rule under what's called a "best interests standard" for the minor child.
Utah's "best interest" standard and Illinois' are similar in some ways, but vastly different in others. Ours derives from 750 ILCS 5/602, which lists a long (but not exhaustive) list of factors.
Also in Illinois, if there's a contested visitation modification petition pending, the court will order mediation first, then a hearing second. You want this, it keeps costs cheaper in the long term if you're able to negotiate something out first.
Lastly, generally wherever the state the child resides is where jurisdiction is proper for bring a modification.
Best of luck, hope this helps.
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